Planning staff has reviewed this application and is forwarding a recommendation conditional approval based on the determinations for granting a variance.

REQUEST
The applicant is requesting a variance from 27-304 requiring a 5-foot side setback to allow a 3-foot side setback, for an addition to the existing home and garage in a First Neighborhood (N1)  zone, on Block 19, Lot 6, & the North 15 feet of Lot 8, North Elevation Subdivision 3rd Filing, an 8,024 square foot parcel of land. The purpose of the variance is to allow expansion of the existing home and garage. Tax ID: A11840

APPLICATION DATA
OWNERS: Dusty & Kara Eaton
AGENT: Dusty Eaton
PURPOSE: allow a 3-foot side setback for a proposed addition 
LEGAL DESCRIPTION: Lot 8 and Lot 9, Block 19 of North Elevation Sub., 3rd Filing 
ADDRESS: 906 N. 32nd St.
EXISTING LAND USE: Residential 
PROPOSED LAND USE: Residential 
EXISTING ZONING: First Neighborhood (N1)

CONCURRENT APPLICATIONS
None

APPLICABLE ZONING HISTORY
Records show there have been 25 approved variance applications in this subdivision. Listed are the most recent.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
906 N 32nd St	1252	3/1/2017	Side SB	Y
SIMILAR PROPERTY
3114 12th Ave. N	1082	12/1/2010	LC & SB	Y	Side & Rear SB
1014 N 32nd St.	1170	12/4/2013	LC & SB	Y	Side SB
209 Ave. D	1198	9/3/2014	SB	Y	Side SB

SURROUNDING ZONING & LAND USE
NORTH: Zoning: N1
Land Use: Residential single family 
SOUTH: Zoning:   N1
Land Use:  Residential single family    
EAST: Zoning: N1
Land Use: Residential single family 
WEST: Zoning: N1
Land Use: Residential single family 

The applicant is requesting a variance to allow a 3-foot side setback for an addition to the existing home and garage. The purpose of the variance is to allow expansion of the existing home and garage. In 2017, the BOA approved a variance for a 2 foot side setback on the north side of the dwelling in order to allow a small encroachment for a new addition.  The property is unique in its shape and alignment with property lines was difficult for this addition.  The applicant wishes to remove an older garage and rebuild a new one and expand to include an addition to the home on the southern side connecting the garages and house. 
 
There have been 25 approved variance applications in this subdivision, 12 of them were for request to decrease the required setback distance. The first filing of the North Elevation Subdivision was platted around 1900. This particular subdivision began developing over 100 years ago as a single family housing neighborhood. Many of them have a structure that is built very close to the side property line.  Some properties in this neighborhood have obtained a variance while some of them have not.  The property owner is requesting the variance to add on to the existing house  and for additional garage space.

N/A

DETERMINATIONS
 
The Board of Adjustment shall make the following determinations prior to granting a variance:
1.   That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are no special circumstances that exist which are peculiar to the land, other than the lot is an odd shape in that it is not square or rectangle.  The applicant wishes add on to the existing single-family dwelling and garage.   
 
2.   That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
The subject property is in a subdivision where most homes were built in the early 1900’s. There have been 25 variance requests in the surrounding neighborhood many of them for setback and lot coverage.
 
3.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Granting this variance would not confer a privilege to this applicant that others in the subdivision do not have.  This is an old subdivision and there are several properties that are closer to the property line than allowed.
 
4.   That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance approval is in harmony with the general purpose and intent of the zoning regulations and the growth policy.
 
5.   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff is recommending the following conditions for the variance request;

1. This variance approval is to allow 3-foot side setback for a proposed addition to an existing dwelling and garage in a First neighbrohood (N1) zone, an 8,024 square foot parcel of land generally located at 906 North 32^nd Street. No other variance is intended or implied with this approval.
2. The variance is limited to the North 15 feet of Lot 8 and Lot 9, Block 19 of North Elevation Subdivision, 3^rd Filing, generally located at 906 N 32^nd Street. Tax ID: A11840.
3. The applicant will submit and obtain a building permit for the addition within 12 months of variance approval and have the addition completed within 24 months.
4. The applicant will construct the addition in substantial conformance to the drawings submitted with this variance request.    
5. Construction or demolition activity will not occur prior to 7 am or after 8 pm daily.
6. The applicant shall meet all other city code requirements for the proposed addition with the exception of this variance.
7. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.    
8. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

 
6.   The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
If the variance is approved; the property owner shall apply for a building permit to construct the addition within 12 months and complete construction within 24 months. 

7.   Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The granting of this variance would not allow a use that is not already allowed in the zoning district – N1 zoning districts allow residential remodeling and additions to existing structures.